AIR 2007 SUPREME COURT 2912 ::2007 AIR SCW 5303 ::2007 (5) AIR Bom R 661 ::(2007) 2 WLC(SC)CVL 503 ::2007 (8) SCC 197 ::(2007) 10 Scale 72 ::(2007) 5 Supreme 864

Supreme Court Of India

Hon'ble Judge(s): H. K. Sema, Lokeshwar Singh Panta , JJ

Electricity Act (36 of 2003) , S.79(1)(a), S.86— Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations (2004) , Regn.15— Central Electricity Regulatory Commission (CERC) - Powers - Application of Availability Based Tariff (ABT) in relation to Unscheduled Interchange (UI) to generating station supplying power to State - Within powers of CERC - Moreso when appellant generating station is owned by NTPC. The application of Availability Based Tariff (ABT) in relation to Unscheduled Interchange (UI) to generating station supplying power within State by Central Electricity Regulatory Commission (CERC) is not beyond powers of CERC. Moreso, when the appellant generating station is owned by N.T.P.C.(Para 17 19 22) Availability Based Tariff (ABT) and Unscheduled Interchange (UI) charges are introduced to maintain grid system and to prevent grid collapse and blackouts in the entire region besides affecting the equipments of all generations, other electricity utilities and also the consumers. The various provisions of the Act clearly show beyond doubt the powers of Central Commission (CERC) and jurisdiction in regard to the grid, the scheduling and despatch. Under Section 79 (1)(h) the Central Commission has the power to specify Grid Code. It also provides that the f....